Do I need a lawyer in Spain?
The assistance of a lawyer and a solicitor is neither necessary nor obligatory in all legal proceedings. First of all, the need of a lawyer in Spain depends on the different jurisdictions of law.
In civil and commercial jurisdiction in Spain
The mandatory nature of the lawyer in civil proceedings is regulated in Article 31 of the Civil Procedure Act. Through the reform of the civil procedure law 1/2000, the mandatory intervention of the lawyer in this jurisdiction has been reduced in certain matters.
The intervention of a lawyer will always be necessary except in the following cases:
- Verbal trials whose amount is less than 2,000 euros, in cases in which the verbal trial is not determined by the amount, but by the subject matter of the case, the presence of a lawyer will be required, regardless of the amount.
- Initial petitions in special debt recovery proceedings (“procedimiento monitorio”), regardless of the amount.
- Proceedings of Voluntary Jurisdiction such as Guardianship, Conservatorship and De Facto Guardianship, appointment of judicial defender or acts of conciliation.
In criminal jurisdiction in Spain:
The criminal jurisdiction is in charge of investigating and prosecuting allegedly criminal acts. Some of the crimes that a criminal lawyer is in charge of are fraud, injuries, coercion, theft, money laundering, sexual abuse …
In this field, the criminal lawyer can act as a private prosecutor or in defense of the person under investigation.
The intervention of a lawyer is necessary in criminal proceedings, except in minor offenses, when the penalty is less than six months.
The fact that in the case of minor offenses it is not necessary to attend the court proceedings with a criminal lawyer does not mean that the parties cannot have one. It is highly recommended to attend such proceedings with a lawyer specialized in criminal law.
When the criminal offense denounced is classified as a misdemeanor, since there is no investigation phase, the convicted person is considered to be a defendant from the very first moment.
The criminal lawyer can be freely designated by the investigated party or, if necessary, can be appointed ex officio.
In the social jurisdiction:
In labor judicial proceedings in the first instance, the assistance of a lawyer is not required. However, the intervention of a lawyer is required for the filing of a second instance appeal or an appeal in cassation. This is established in article 21 of the law regulating the social jurisdiction.
It is important to point out that although it is not compulsory to appear with a lawyer at the instance, it is more than advisable, and in case you wish to attend this part of the process with a lawyer, you must state it in the lawsuit.
In the administrative jurisdiction in Spain:
In contentious-adminitrative proceedings the intervention of a lawyer will be mandatory when the actions are directed before;
– A unipersonal body (example, the contentious-administrative court).
– A collegiate body (example, National Court).
If one of the parties would like to attend the process assisted by a lawyer, he/she must communicate it so that the other party also attends assisted by a lawyer.
Why is it important to have a lawyer?
The legal advice of a lawyer can guide us to make good decisions, thus avoiding more serious results in legal proceedings. As well as achieving a favorable agreement with the other party and avoiding all those bureaucratic procedures.
In the case of not being Spanish, it is necessary to take into account that the Spanish jurisdictional system can have differences with respect to the legal system of your country, for that reason it is advisable to find professional advice in order to avoid negative consequences.
It is also important to keep in mind that if the lawyer you choose is fluent in your language, the process will be easier, and the consequences will be more favorable.
If you are looking for a lawyer specialized in commercial law, traffic accidents, criminal law, family law, immigration law or real state, do not hesitate to contact us at info@kaplanlegal.es.
Our lawyers are fluent in English and French.